The inventor of an attachment for loading and cutting large plastic-wrapped bales of fodder for feeding farm animals has brought patent High Court proceedings against a competitor alleging patent infringement.
Peter Cunnane and his company Cashels Engineering Ltd, of Aghamore, Ballyhaunis, Co Mayo, claims ProDig Attachments Ltd of Newtown, Bagenalstown, Co Carlow, is infringing the patent on his device which attaches to tractors or diggers to make the business of feeding animals easier and quicker.
ProDig has marketed a device called the ProDig ProSlice, which Mr Cunnane says has infringed the patent on his device which he filed in 2012 and which was granted four years later.
Mr Cunnane says in an affidavit that there have been previous alleged infringements of the patent by ProDig in relation to attachments which he believed would not be considered a threat to his business given the volume of these products being marketed.
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As a result, Mr Cunnane did not pursue legal proceedings as he said it did not seem worthwhile from a commercial point of view.
‘Infractions’
However, he said, last November the ProSlice was launched, and this represented “a very significant escalation of the defendant’s infractions”. The new device “even more closely resembles” Cashels’ products and the similarities are quite obvious when viewed side by side, he said.
He said he was left with no alternative but to bring proceedings. Requests to ProDig to cease the infringements were refused, he also said.
The case was admitted to the Commercial Court on consent between the parties by Mr Justice Denis McDonald, who was also told efforts were being made to resolve the case through mediation.
It comes back to court in October.
